Utah Code 15A-1-104. Permit approval required — Certificate of occupancy valid
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(1) As used in this section:
Terms Used In Utah Code 15A-1-104
- Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
- Compliance agency: means :(7)(a) an agency of the state or any of its political subdivisions which issues permits for construction regulated under the codes;(7)(b) any other agency of the state or its political subdivisions specifically empowered to enforce compliance with the codes;(7)(c) a third-party inspection firm as defined in Section
15A-1-105 ; or(7)(d) any other state agency which chooses to enforce codes adopted under this chapter by authority given the agency under a title other than this part and Part 3, Factory Built Housing and Modular Units Administration Act. See Utah Code 15A-1-202- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) “Completed noncompliant structure” means a structure that was constructed and completed without:(1)(a)(i) obtaining a building permit;(1)(a)(ii) passing inspections; or(1)(a)(iii) obtaining a certificate of occupancy as required by Section15A-1-204 .(1)(b) “Compliance agency” means the same as that term is defined in Section15A-1-202 .(1)(c) “Project” means the same as that term is defined in Section15A-1-209 .
(2) A compliance agency for a political subdivision may not reject a permit, or withhold approval of a project whenever approval is required, for failure to comply with the applicable provisions of this title unless the compliance agency:
(2)(a) cites with specificity the applicable provision with which the project has failed to comply; and
(2)(b) describes how the project has failed to comply.
(3) A municipality may not withhold a permit or project approval for a project because of a completed noncompliant structure on the same property provided that the completed noncompliant structure:
(3)(a) has been completed for five years or more;
(3)(b) does not pose a health, life, or safety concern;
(3)(c) is unrelated to, independent from, and not affected by the project; and
(3)(d) is outside the scope of work under the permit for the project.
(4) A municipality may require additional permitting, engineering, or inspections for a completed noncompliant structure if it:
(4)(a) has been completed for ten years or less; or
(4)(b) poses a health, life, or safety concern.
(5) If a compliance agency or a representative of a compliance agency issues a certificate of occupancy, the compliance agency may not withdraw the certificate of occupancy or exert additional jurisdiction over the elements of the project for which the certificate was issued unless additional changes or modifications requiring a building permit are made to elements of the project after the certificate was issued.